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Terms and Conditions

Utmost Ireland dac

TERMS & CONDITIONS

These are the Terms and Conditions ("Terms of Use") and important information that apply to your use of this website, please read them carefully. Persons using this website must accept these Terms of Use when they first register to use this website and on each occasion these Terms of Use are amended, updated, modified or replaced from time to time.

General:

This website is a service provided by Utmost Ireland dac. Utmost Ireland dac is a company limited by shares. Registered in Ireland under number 303257. Registered office: Ashford House, Tara Street, Dublin 2, D02 VX67, Ireland. Authorised by the Central Bank of Ireland and regulated by the Financial Conduct Authority in the UK for Conduct of Business Rules.

The information on this website is provided for information purposes only and none of the information constitutes an offer to contract.

Definitions:

i) “Utmost” (including “we” or “us”) means Utmost Ireland dac.

ii)”Utmost Group” means Utmost, its subsidiaries, their ultimate holding company or any subsidiary thereof.

iii) “Client” means a private customer, a retail customer or a retail client.

iv) “Intermediary” means a person or entity which has terms of business with Utmost, directly authorised by or registered with the UK Financial Conduct Authority with appropriate permissions to act as agent to private and/or retail customers.

v) “You” or “yourself” or “your” means the user of this website being either a client or an intermediary as appropriate.

Availability:

i) We will endeavour to ensure that the website is accessible for 24 hours a day. However, we will not be liable if, for any reason, the website is unavailable at any time or for any period.

ii) To the fullest extent permitted by applicable law we will not be liable for any loss or damage arising in contract, tort or otherwise if the website becomes unavailable or is suspended for any reason.

INFORMATION

Utmost is authorised by the Central Bank of Ireland and regulated by the Financial Conduct Authority in the UK for Conduct of Business Rules.

Full product details are contained in the relevant product guide, key features and policy documentation, copies of which can be obtained via an intermediary or directly from us. A decision to invest should not be made on the basis of this website alone. If there is any conflict between the details given on this website and the relevant literature applicable to any products offered or insurance contract written by us then, the product literature and policy documentation will be regarded as the authoritative documents.

The tax efficiency of bonds issued in Ireland may change and their suitability depends on the investor’s circumstances.

The information contained on this website does not constitute investment advice, legal advice or tax advice and investors are strongly advised to obtain their own professional advice.

The information and features of this website do not constitute any form of advice or recommendation by us and are not intended to be relied upon by users in making (or refraining to make) any specific investment decisions.

Information contained on this website is provided for information purposes only and we will use all reasonable endeavours to ensure that it is accurate at the date of publication.

Due to the nature of the internet, there may be circumstances in which errors or omissions in the information may occur which are beyond our reasonable control. For example unauthorised access by a third party. Consequently, Utmost will not be liable for loss or damages arising whether for loss of income or revenue, profits, anticipated savings or, in contract, tort or otherwise, directly or indirectly from the use of or reliance upon any information contained on the website, unless the accuracy of the information has been checked with us before reliance is placed upon it.

Valuations shown on the website are the latest bid values (mid-market for shares if applicable). We have and take no account of any surrender charges that may be incurred when encashing the investment. It is assumed that all premiums due have been paid.

Please remember that the value of unit-linked funds can go down as well as up. There is no guarantee of the ultimate value of any investment (except where stated) or how much ‘income’ it can provide. The word ‘income’ refers to the regular payments of capital.

Past performance is not a guide to future performance.

Taking into account market fluctuations, currency fluctuations and initial charges, investors may not get back as much as they have invested, especially in the early years.

We will take all reasonable steps to ensure that personal information is disclosed only to those specified by you or as otherwise set out in these Terms of Use. However, the internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If you should choose to use a digital certificate to identify yourself to the website (after registering it with the website) then the responsibility for the security and management of that certificate is entirely with you. Utmost accepts no responsibility in managing the certificate nor can we be held responsible should the security of the digital certificate be compromised.

Utmost accepts no responsibility for transactions carried out using your ID and password provided to or chosen by you in connection with the use of this website and/or digital certificate, whether or not the transaction is made by you or someone else using your ID and password and/or digital certificate. You are responsible for protecting and securing your ID and password and/or digital certificate from unauthorised use. If you believe there has been a breach of security you should contact us immediately.

You authorise Utmost to act upon all instructions received in respect of your account via the website when your ID and password are used and which appear to Utmost to have been issued by you. Instructions given by you for a joint account are binding on all other joint account holders.

LIABILITY

The website also contains hypertext links to other websites. The responsibility for those websites is that of the parties who are identified as providing those websites and we accept no responsibility for them or their use or the content of any other website.

Utmost cannot warrant that this website is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of this website.

Utmost reserves the right to change the content, presentation, user facilities and availability of any part of the website at our sole discretion.

If you are an intermediary you agree to:

Accept responsibility for ensuring that the documents produced by you for use by clients and/or Utmost are accurate and complete.

Not use any hypertext links or documents on the website so as to mislead a client or Utmost in any way about the content of the website or a particular document. The intermediary agrees to indemnify Utmost for any loss arising as a result of the misuse of any hypertext links.

Accept responsibility for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from your inability to use or incorrect use of any material on this website.

Fully indemnify Utmost for any losses, claims, costs or expenses suffered by the Utmost Group as a result of the intermediaries’ breach of this liability clause.

EMAIL

Utmost will not pass on your email address to any third party without your permission.

Occasionally we will email you to provide information and keep you up to date with new developments on the website. In every email we send we will include instructions on how to unsubscribe so that you will not receive future emails. You may change your email address at any time and this can be updated on the website.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Utmost owns or is the licensee of the copyright and all other intellectual property rights subsisting in its databases made accessible via the website and all material on this website.

You are not permitted to download, redistribute or extract any information on this website in whole or in part other than that information relating directly to your portfolio or insurance policy issued by Utmost, or, if you are an intermediary, to your client’s portfolios.

As an intermediary you agree:

Not to use any documents or related graphics appearing on the website for any reason other than conducting business with any of the companies in the Utmost Group.

Not to modify or amend any document or related graphics which are available on the website in any way other than for the purpose of completing the variable permitted within the particular document, for example the inputting of personal data relating to individual clients.

Not to reproduce or store any documents or other information contained on the website in any manner whatsoever, other than the documents produced as a result of conducting business with any of the companies within the Utmost Group and instruments, orders, regulations and Codes of Practices (whether or not having the force of law) which may apply to that business.

To print the documentation in the form it appears on the website for the purposes of conducting business with any of the companies within the Utmost Group only and not to part print any information or documents, including the accompanying logos, appearing on the website.

Not to use any graphics which appear on the website separately from the accompanying text.

That copyright and any other rights in the material available on the website are owned or licensed by members of the Utmost Group.

APPLICABLE LAW

The use of this website is governed by the law of Ireland and the Irish courts shall have exclusive jurisdiction in respect of any dispute. Any waiver of such jurisdiction shall be at the discretion of Utmost. Such discretion to be exercised reasonably.

AMENDMENT OF USE

Utmost may amend these Terms of Use at any time and such amendment shall apply to your use of this website after such amendment.

DATA PROTECTION, COOKIES AND PRIVACY STATEMENT

All personal information supplied to Utmost will be treated in accordance with the Data Protection Acts, 1988 and 2003 of Ireland, as replaced, modified or amended from time to time and all regulations made under these Acts and any additional data protection laws in respect of any data transferred for the purposes of the use of this website including the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (as amended). Utmost will collect and use the information you supply in order to provide the service you request, to operate and improve the website, and to comply with legal obligations imposed on us.

It is quite likely that you may make use of some of the hypertext links to other websites that are set out in this website. Some of those websites may be restricted and require the completion of further information by you. You are responsible for the accuracy of your personal information.

We collect certain information you enter for the purpose of creating statistics. We will not link your name or address with the data we collect for statistical purposes.

Utmost sends cookies to your computer from this website when you are logged in. Cookies are pieces of information that a website transfers to your computer’s hard disc to enhance your online experience and, sometimes, for record keeping purposes. The cookies transferred by Utmost are only used for enabling your logged in session to work smoothly and to track your usage of this website. They store only an internal ID and tracking information and are not used for any other purposes. You may alter the cookies setting in your browser to prevent cookies from being transferred to your computer, but please be aware that if you do this you will not be able to use our secured website. Utmost separately maintains a comprehensive Cookies Policy which you may access here.

Utmost Ireland dac, a member of the Utmost Group, provides this website. In order to process the information contained in this website, we may send it in confidence for processing to other companies in the Utmost Group (or third party companies acting on our instructions) including those located inside or outside the Isle of Man and European Economic Area. By accepting these Terms of Use, you consent to such use of your personal data.

We may also disclose some of this information to companies in the Utmost Group and other carefully selected organisations within the Isle of Man and European Economic Area for marketing purposes to inform you of any products or services that may be of interest. We may contact you by post, telephone or email. By entering this website, you consent to such use of your personal data. If you prefer us not to do this, please write to: The Data Controller, Utmost Ireland dac, Ashford House, Tara Street, Dublin 2, D02 VX67, Ireland.

Utmost will endeavour to protect any information that the intermediary inputs into this website, however the internet is not necessarily a secure system and the privacy of the intermediary and/or its clients cannot be guaranteed. Utmost shall not be liable for any damages resulting from the misuse of personal data supplied by the intermediary on the internet. If you are in any doubt, you should not input any data.

YOUR ACCEPTANCE OF THESE TERMS

By accessing any part of this website you shall be deemed to have accepted these terms in full.

Privacy Statements

PRIVACY STATEMENTS

The EU General Data Protection Regulation (GDPR), introduced on 25 May 2018, sets out how your personal data (information that is personally identifiable such as your name, address or email address) can be used in a
lawful manner. GDPR also gives you new rights in relation to your personal data.

Utmost Wealth Solutions is committed to ensuring the security and confidentiality of the information you give us, about yourself and other people, which we use to provide our products and services, including online services.
Details about how we use your information, your rights over this information and how you can exercise your rights can be found in the Privacy Notice(s) or Privacy Statement(s) for the group of Utmost companies, which you can access
via the following links.

Privacy Statements

PRIVACY STATEMENT

UTMOST IRELAND DESIGNATED ACTIVITY COMPANY

This privacy statement explains how we collect, use and share our customer’s personal information. If you have any questions, please contact us using the details provided at the end of this document.

WHO UTMOST IRELAND DESIGNATED ACTIVITY COMPANY IS

Utmost Ireland designated activity company (“Utmost Ireland”) trading as Utmost Wealth Solutions is authorised by the Central Bank of Ireland and regulated by the Financial Conduct Authority in the UK for Conduct of Business Rules. Utmost Ireland is a leading provider of international savings, protection and investment solutions. Utmost Ireland is part of the Life Company Consolidation Group (“LCCG”) which is specialist company operating in the European life assurance sector.

WHAT YOUR INFORMATION IS USED FOR

As our customer you provided us with certain information and entered into a contract with us to issue you with a policy and provide you with ongoing services. Some examples of how we use your information are:

(1) To administer your contract/policy with us

Reviewing transactions and correspondence to enable us to deal with your queries

Managing and administering your policy in accordance with your terms and conditions

Contacting you to deal with your transaction requests including applications for new policies, additional premiums, full and partial surrenders where applicable

Managing our relationship with you (for example, updating you on changes to our business or updating your record with us if you change your address)

Responding to any complaints you make

(2) To meet legal and regulatory obligations

As a regulated life assurance company we are required to comply with a range of different legal obligations such as tax reporting, data protection and financial crime prevention. Sometimes we have to share your information with regulatory authorities, for example:

Sharing information with Financial Services Ombudsmen in relation to complaints you make

Meeting obligations we have in relation to the prevention and detection of crime such as money laundering, the reporting of suspicious transactions and requirements to check our records against financial sanctions lists and report matches.

(3) To improve our business

From time to time we may request feedback from our customers in order to improve the service we offer, for example by conducting customer satisfaction surveys.

MARKETING AND PROFILING BY US

We will only communicate with you to share important information about your policy or changes to our business. We will not conduct any marketing activity with you without your explicit consent to do so.

LEGAL BASIS FOR USING YOUR INFORMATION

We will only collect, use and share your information where we have a valid reason to do so under data protection legislation. We have four main reasons for collecting and using your information which are set out below. Often we will need your information for more than one reason, for example, in order to perform a contract and to meet a legal obligation.

Contract – we have a contract with you to deliver a life assurance product. In order to perform that contract we need to collect certain information from you and process it; for example, your contact details.

Legal obligation – we may need certain information from you in order to meet our legal obligations; for example, we require proof of identity (for example, certified copy of a passport) to meet our anti-money laundering obligations.

Our business interests – we continually strive to improve how we do business with you and how to develop our service to you; for example, we may undertake a survey of our policyholders to determine how we can improve our relationship with you.

Consent – we need your consent to use sensitive information about you; for example, health information which we obtain from you. You have the right to withdraw your consent at any time. Please see the section on ‘Your rights’ for further information.

WHO WE SHARE YOUR INFORMATION WITH

(1) Group companies

We use more than one company in our group to deliver our products and services to you. We may share your data with other LCCG companies as part of our commitment to offer you financial products and services that may be of interest to you. We may also share your data with other LCCG companies in order to meet with our legal obligations.

(2) Service Providers

We use third party companies to provide services so we can administer your policy and deliver a service to you; for example, customer service providers or IT system companies that hold or analyse your information and carry out searches that help us trace you if we have lost touch.

(3) Reinsurers

A reinsurer is another insurance company who takes on the risk of when and how much we have to pay customers on their policy. Like other insurance companies we use reinsurers to help us manage our risk.

(4) Anyone you ask us to share your information with

If you ask us to share your information with a third party we will. For example, with a financial adviser, solicitor etc. If a third party asks for your information, we will check with you to confirm that we have your authority to release it.

(5) Other parties

As outlined above, under “What your information is used for” we have a legal obligation to provide information from time to time to regulatory bodies such as tax authorities, law enforcement agencies and Ombudsmen.

(6) Professional advisers

We use professional advisers to provide services to us, for example legal advice, accountancy services and consultancy services.

(7) Courts and those involved in any legal process

If a court requires us to disclose your information or if it needs to be disclosed as part of a legal process.

(8) Anyone in the future who may buy or merge with our business

If we merge with another company or are sold to another organisation then we will need to share your information with them.

WHERE WE USE YOUR INFORMATION

We are based and operate primarily in Ireland. However, information that we collect from you in Ireland may be viewed from, transferred to, or stored, outside the European Economic Area (EEA).

We ensure that we put in place appropriate safeguards when we allow your information to be processed outside the EEA.

HOW LONG WE KEEP YOUR INFORMATION FOR

We do not keep your information for longer than is necessary. Different information will need to be held for different periods of time; this may be due to a variety of reasons including legal obligations and to enable us to provide you with a good level of customer service.

WHAT IF YOU DON’T PROVIDE INFORMATION TO US

We try not to ask you for personal information that we don’t need. If we ask you for personal information that seems unnecessary to you, please contact our Customer Services team for an explanation.

If you do not provide certain information we may not be able to provide our service to you; for example, if you don’t provide the information requested on a surrender form we may not be able to process your surrender.

YOUR RIGHTS

We have set out a summary of your key rights below, but have not included all the circumstances or conditions which apply to them. If you have any questions on your rights, you can contact our Customer Services team for help.

Right to stop us using your information – if you don’t want us to use your information for our business interests you can ask us to stop and we will do so unless there is an important reason why we need to continue using it.

Right to stop us marketing to you – you can ask us not to send you marketing messages.

Right to access your information – you have the right to ask for a copy of the information that we hold about you and this will usually be provided free of charge. For your security, we will take reasonable steps to confirm your identity before providing you with any personal information we may hold about you.

Right to transfer your information – you can request that we transfer certain information we hold about you to you or to a third party in electronic form.

Right to ask us to delete your information – in certain circumstances you can ask us to stop using or holding your information. If we can delete your information we will, but sometimes we have to maintain records for legal reasons. If we cannot comply with your request, then we will contact you and explain why. If you ask us to stop using your information we will still keep it where we are legally obliged to, but we will not use it for other purposes.

Right to give or withdraw your Consent – if you have given consent for us to use your information then you have the right to withdraw your consent at any time. However, if you do withdraw your consent we may not be able to continue to provide the product or service you have contracted us to provide; for example, if you withdraw consent to use health information you provided in a claim form we may not be able to process your claim.

If we have shared the personal information in question with another company (including another company within the LCCG group), we will also let them know that you have asked us to stop using or keeping your information unless it is very difficult or not possible for us to do so.

HOW TO UPDATE THE INFORMATION WE HOLD ABOUT YOU

It is important that the information we hold about you is accurate and up to date. Please let us know if your information changes, or if the information we hold about you is incorrect. You can ask our Customer Services team to update or correct your information.

If we have disclosed the personal information in question to another company (including another company within the group), we will also let them know about the changes unless it is very difficult or not possible for us to do so.

CHANGING AND UPDATING THIS PRIVACY STATEMENT

We may change this privacy statement from time to time to keep it up to date, or to comply with legal requirements. In that case a revised version of this privacy statement will be uploaded to our website.

OUR DATA PROTECTION OFFICE CONTACT DETAILS

If you have any questions or concerns about our use of your information or would like a copy of the information we hold about you, please contact our Customer Services team on the details below, marking your query for the attention of our Data Protection Office:

Name: Utmost Ireland dac

Address:
Ashford House
Tara Street
Dublin 2
D02 VX67
Ireland

Email: info@utmostwealthsolutions.ie

Phone: 0845 6029281

COMPLAINTS

If you are unhappy with any aspect of the service we provide, please let us know using the Customer Services team details above.

You also have the right to complain to the Data Protection Commissioner, contact details as follows:

Privacy Statements

Cookie Policy

COOKIE POLICY

This website is owned by Utmost Ireland dac (“Utmost”). Here is our cookie policy for this website and the types of cookies we use on it.

WHAT ARE COOKIES?

Cookies are small files that websites place on the device you’re using to browse the site. Cookies are commonly used to record some aspect of your visit to a site, such as choices you’ve made or preferences you’ve set during your visit.

HOW AND WHY WE USE COOKIES

We use cookies to give you the best experience when you visit our website. By using cookies, we can make it easier for you to do many things, such as managing your accounts, policies, or login details, and applying for products and services. Cookies can also allow us to tailor the content of our site so we can show you services or adverts we think you may be interested in.

KEEPING YOUR PERSONAL INFORMATION SAFE

Our cookies do not store personal information such as your name, address, phone number or email in a format that can be read by others. The cookies we use cannot read or search your computer, smartphone or web-enabled device to obtain information about you or your family, or read any material kept on your hard drive.
We do use a small number of cookies that store encrypted versions of information where you have asked us to, such as the ‘Remember me’ function that allows us to remember your Account username for subsequent visits. However, this is encrypted so that only Utmost can read this information. The website that places a cookie owns that cookie. This means only that website and other websites that it has agreed to share information with can read the information stored using a cookie.

LINKS TO SITES PROVIDED BY OTHERS

If you follow a link from our website to another website, please be aware that the owner of the other website will have their own privacy and cookie policies for their site. We recommend you read their policies as we are not responsible or liable for what happens at their site.

HOW TO MANAGE AND SWITCH OFF COOKIES

Your web browser provides settings that allow you to manage or switch off cookies. If you do switch off cookies, remember that you may not be able to use all of the services on our websites. You can find out more about managing and switching off cookies at the independent website: allaboutcookies.org

THE TYPES OF COOKIES WE USE ON THIS WEBSITE

STRICTLY NECESSARY COOKIES

These cookies are essential for our online services and tools to work. They collect or record information that we need to make our website work. Common uses for this type of cookie include:

storing information so that shopping baskets can be provided

storing information for e-billing

allowing users to log in or access private areas of a site.

These cookies only last for a single browsing session – when you leave our site, they are removed.

PERFORMANCE COOKIES

These cookies help us to monitor and improve how our website works. Common uses for this type of cookie include:

collecting information about which pages visitors go to most often

noting if visitors get any error messages from webpages

understanding which links visitors like to follow (including adverts) and which they choose not to.

The information collected using these cookies is anonymous and cannot be used to identify an individual visitor.

FUNCTIONALITY COOKIES

These cookies allow us to provide you with enhanced features that need to remember your preferences and choices, such as your username, language or region. They also let us monitor how our website is performing so we can keep on improving it.
Common uses for this type of cookie include:

providing you with local information, such as health providers in your area

remembering how you like to use our site, such as what text size you like or what media software you use

remembering what topics you’re interested in so we can provide you with related products, services and information.

The information we store in these cookies is encrypted so that only we can read it.

Regulatory Information

Utmost Wealth Solutions is the brand used by a number of Utmost companies. Utmost Ireland Online is a service provided by Utmost Ireland dac, which is registered in Ireland (No 303257).

Utmost Wealth Solutions is the trading name used by a number of Utmost companies. Utmost Trustee Solutions is the trading name used by Utmost Trustee Solutions Limited. This item has been issued by: Utmost Ireland dac.

The following companies are registered in the Isle of Man: Utmost Limited (No 056473C), Utmost Administration Limited (No 109218C) and Utmost Trustee Solutions Limited (No 106739C), which are regulated or licenced by the Isle of Man Financial Services Authority. Utmost Services Limited (No 059248C) is not regulated. Each of the above companies has its registered office at: Royalty House, Walpole Avenue, Douglas, Isle of Man, IM1 2SL British Isles.

The following companies are registered in Ireland: Utmost Ireland dac, trading as Utmost Wealth Solutions, is regulated by the Central Bank of Ireland. Its registered number is 303257 and it has its registered office at: Ashford House, Tara Street, Dublin 2, D02 VX67, Ireland. Utmost PanEurope dac, trading as Utmost Wealth Solutions, is regulated by the Central Bank of Ireland. Its registration number is 311420 and it has its registered office at: Navan Business Park, Athlumney, Navan, Co. Meath C15 CCW8, Ireland. Its FCA number is 426350. Both companies are authorised by the Financial Conduct Authority in the UK for Conduct of Business Rules.